| Summary: | This research evaluated the regulation and the status of village government
in Indonesia's local government system, and aims to investigate and positioning its
theoretical construction, to identify how the history of juridical arrangement, and the
status of the village administration.
Normative legal research uses a conceptual approach, juridical,
comparative, descriptive and historical, in which the implementation conducted
accordingly to the needs.
By using a variety of theories proposed by several classical and
contemporary thinkers on the subject of local government, and village governments,
as are have been applied in practice and the revised constitution and theoretically in
academic discourse, the results of this study indicate that the position of village
governance changes due to the arrangement pattern alternated by the government.
The constitutional reality of the Republic of Indonesia showed that the village
government should have the right to autonomy and recognition of the rights of
indigenous customary law community unit, the construction of the theoretical
existence of indigenous people can be interpreted as one element that is recognized
and has its own authority in the structure of state government. With giving it an
independent law governing regarding village governance in a holistic manner.
The results also showed that the village governance in the local government
system in Indonesia still positioned at the bottom as the only element of the command
and rules of governance structures thereon.
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